Hester claims producers interfered with and manipulated “the outcomes of the auctions shown,” portraying him as less skilled than his competition. The court disagreed, calling the show expressive free speech. Additionally, the judge dismissed Hester’s wrongful termination claim, but left the door open for it to be refiled with more information as to why his firing violated the law.

This is Hester’s second lawsuit related to the show. In 2011, he filed suit against rapper Trey Songz over his “Yuuup!” catchphrase. Songz sent a cease and desist letter to Hester, claiming the phrase had been associated with the rapper since 2009. Hester argued the two uses of “yuuup” sounded different, and had different meanings.